beta
Text
1. Of the instant lawsuit, the Suwon District Court rendered a judgment on June 16, 2016 against the Defendant’s Plaintiff.
Reasons
1. Basic facts
A. On June 16, 2016, this Court rendered a ruling that “the Plaintiff shall pay to the Defendant the amount of KRW 5,000,000 and the amount calculated at the rate of 5% per annum from September 28, 2012 to June 16, 2016 and 15% per annum from June 17, 2016 to the date of full payment” (hereinafter “the instant ruling”), which the Defendant filed against the Plaintiff. The said ruling became final and conclusive around that time.
B. According to the instant judgment, the Defendant filed an application for a compulsory auction of real estate with the original Chuncheon District Court Branch C, and the said court rendered a decision to commence the auction on July 4, 2016, and accordingly, the amount recognized as the execution cost to be paid by the Plaintiff is KRW 542,942.
C. After that, according to the instant judgment, the Defendant filed an application with the Plaintiff for the determination of the amount of litigation costs under the 2016Kao-5001, which became final and conclusive on August 22, 2016, that the amount of litigation costs was KRW 108,580.
Accordingly, on October 13, 2016, the Plaintiff deposited for repayment of KRW 6,759,184 with the Seoul Western District Court Decision 5287, 2006, the Plaintiff filed a lawsuit of objection under this Court Decision 2016Kadan5066, Oct. 14, 2006. In this case, the court rendered a judgment of the above judgment on Oct. 7, 2017 that “The compulsory execution based on the judgment of the contract deposit case against the Plaintiff was 6,502 won and the part exceeding the amount calculated at the rate of 15% per annum from October 14, 2016 to the date of full payment.”
E. Accordingly, on March 27, 2017, the Plaintiff remitted KRW 100,00 to the Defendant, thereby repaying the obligation to pay “6,502 won and the amount calculated by the rate of 15% per annum from October 14, 2016 to the date of full payment.”
[Ground of recognition] Evidence Nos. 1 through 5, Evidence No. 8, and the purport of the whole pleadings
2. Of the instant lawsuit, KRW 66,502 and its related thereto are applicable.